Scotland shall
be independent,
Regime
of a monarchy, a power of alien royal family is the last rudiment of feudalism
in a modern society.
What the first will refuse the rudiment: Australia? Flanders? Quebec?
The Nations take the decision, if national leaders will allow him
to do that.
The Constitution of
Chapter 1. Fundamental provisions.
Chapter 2. The rights and duties of citizens.
Chapter 3. Legislature.
Chapter 4. Executive power.
Chapter 5. Judicial authority.
Chapter 6. Regions.
Chapter 7. Revision of the Constitution.
Chapter 8. Additional positions.
Chapter 1. Fundamental provisions.
Article 1.1
1.
2. The national
sovereignty and power in
3. The form of
government shall be republican.
Article 1.2
The sovereignty of
Article 1.3
1. State power in
2. The Head of
the State shall be the President of Scotland.
Article 1.4
The state
language of
Article 1.5
1.
2.
Article 1.6
2. The arms of
Article 1.7
The Capital of
Scotland shall be the city of
Article 1.8
The
Article 1.9
1. Citizenship of
2. Citizens of
4. The possession
citizenship of
Article 1.10
Chapter 2. The rights and duties of citizens.
Article
2.1 Right to life.
Nobody can be
deprived a life. Human life shall be an absolute value. Capital punishment
shall be not applied.
Article
2.2 Right to physical inviolability.
Nobody should be
exposed to tortures, violence, other severe or humiliating human advantage or
punishment. Nobody can be subjected without the voluntary consent to medical,
scientific or other experiences.
Article
2.3 Right to creation of family.
Men and women who
have achieved majority shall may marry and found family without any
restrictions on the basis of race or religions. The family is a natural and
basic cell of a society. Marriages between persons of one sex do not admit and
are not registered.
Article
2.4 Right to support from the society and the states.
The society and
the state supports to each person in the childhood, an old age, in case of
illness, physical inability, loss of the supporter and for education of
children.
Article
2.5 Right to health protection.
The qualified
medical aid should be rendered to everyone who requires it. The society and the
state assists development of public health services
system, physical training and sports, and also ecological and
sanitary-and-epidemiologic well-being.
Article
2.6 Right to a home.
Nobody may be
arbitrarily deprived of his (her) home. The society and the state assists housing construction.
Article
2.7 Right to inviolability of home.
Nobody shall have the right to enter a dwelling place
against the will of those residing therein, except in those cases provided for
by laws or on the basis of a court order.
Article
2.8 Right to a freedom of travel and a choice of a residence.
Everyone shall may travel freely and freely to
choose the place of temporary or permanent residence and freely leave
Article
2.9 Right to work.
Everyone shall may
freely choose to the employment, being a source of means to his existence.
Working conditions should be favorable. Compensation for work should provide
worthy the person existence for him and his families. Compulsory labour shall be forbidden.
.
Article
2.10 Right to a private property.
Everyone shall have the right to have property
and to possess, use and dispose of it both individually and jointly with other
persons. Nobody may be deprived of property except under a court order.
Possession, using and the order the ground and other natural resources is
carried out by their proprietors freely if it does not render damage to an
environment and does not break the rights and legitimate interests of other
persons. The society assists development of private business. The right of
inheritance shall be guaranteed.
Article
2.11 Right to personal secret and inviolability of a private life.
Nobody may be exposed to any intervention in his
(her) personal and home life, to privacy of correspondence and of telephone
conversations. Collecting, keeping, using and disseminating information about
the private life of a person shall not be permitted without his (her) consent.
Article
2.12 Right to education.
Everyone shall
may receive education which considers for himself
possible and necessary. Basic general education shall be compulsory and
free-of-charge.
Article
2.13 Right to freedom of conscience and religion.
Everyone shall may profess individually or
collectively any religion or not to profess any religion, and freely to choose,
possess and disseminate religious and other convictions and act in accordance
with them.
Article 2.14
Right to freedom of belief and on free their expression.
Everyone shall
may free adhere to the belief, receive, transfer, make and distribute any
information, except the information raising social, racial, national and
religious hatred and enmity. Censorship shall be prohibited.
Article
2.15 Right to freedom of peace assemblies and associations.
Everyone shall
may be the participant of any assembly, meeting, demonstration,
Article
2.16 Right to a cultural autonomy.
Nobody shall may interfere someone to receive, transfer, make and
distribute the information in any language.
Article
2.17 Right to free participation in a cultural life.
Everyone shall
may participate in cultural life of a society and use cultural establishments
and have access to cultural valuables, not demaging
it.
Article
2.18 Right to protection by the law and court.
Human relations
shall be regulated by laws. The disputes arising in human relations shall be
resolved by courts according to laws. The state provides creation of fair laws
and fulfilment of a verdict of courts, and also
pursues the persons who are breaking laws and not carrying out a verdict of
courts. Nobody may be deprived of the right to have his (her) case heard in the
court. Everyone shall have the right to protect his (her) rights and freedoms
by all means not prohibited by law.
Article
2.19 Right to equal protection by the law and the court.
All people shall
be equal before the law and court regardless of sex, race, nationality,
language, origin, material and official status, place of residence, attitude to
religion, convictions, membership of public associations, or of other
circumstances.
Article
2.20 Right to freedom and inviolability of person.
Nobody can be
subjected to any arrest, detention or exile. Arrest, detention and keeping in
custody shall be permissible only under a court order. A person may not be
detained for more than 48 hours without a court order.
Article
2.21 Right to reception of a legal aid.
Everyone shall be guaranteed the right to
qualified legal assistance. In the cases envisaged by law, legal assistance shall
be provided free of charge. Any person detained, taken into custody or accused
of committing a crime shall have the right to use the assistance of a lawyer
(counsel for the defence) from the moment of being
detained, placed in custody or accused.
Article
2.22 Right to a presumption of innocence.
Any person
accused of committing a crime shall be considered innocent until his (her)
guilt is proven in accordance with the procedure stipulated by law and is
confirmed by a court sentence which has entered into legal force. The accused
shall not be obliged to prove his (her) innocence. Irremovable doubts about the
guilt of a person shall be interpreted in favour of
the accused.
Article
2.23 Right to not testify against itself and close relatives.
Nobody shall be obliged to testify against him
self, his (her) spouse or close relatives, the range of whom shall be
determined by law. Law may establish other cases where the obligation to give
evidence may be lifted.
Article
2.24 Right to magnanimous legal proceedings.
Nobody may bear liability for an action, which
was not regarded as a crime when it was committed. If, after an offense has
been committed, the extent of liability for it is lifted or mitigated, the new
law shall be applied. Nobody may be convicted twice for one and the same crime.
In administering justice it shall not be permitted to use evidence received
through violating federal law. Any person convicted of a crime shall have the
right to appeal against the verdict to a higher court in accordance with the
procedure established by federal law, as well as to request pardon or
mitigation of the punishment.
Article
2.25 Right to the reference in the state bodies.
Everyone shall have the right to appeal in person
and make individual and collective appeals to State bodies and local
self-government bodies.
Article
2.26 Suffrage.
Citizens of
Article
2.27 Right to work in official bodies.
Only citizens of
Article
2.28 Right to participation in departure of justice.
Only citizens of
Article
2.29 Right to protection from the State.
The citizen of
Article 2.30
The citizen of
1) to observe laws of
2) to pay taxes.
Chapter 3. Legislature.
Article 3.1
The Parliament shall
be the representative and legislative body of
Article 3.2
The Parliament
shall consists of two chambers: the Houses of
Representatives and the Senate.
Article 3.3
1. The House of
Representatives shall consists of 120 deputies elected
for a term 4 years.
2. The House of
Representatives Elections shall be 5-th of November everyone noleap-year. Deputies of the Houses of Representatives
shall be elected on system of proportional representation according to the law.
3. Any citizen of
Article 3.4
1. The Senate
shall include three representatives from each region. Each senator shall be
elected for a term of 6 years.
2. Senators shall
be elected on 5-th of November each even year in such a manner that on
elections voters always elect one senator, and accordingly, the Senate each two
years is updated on one third of structure.
3. Any citizen of
Article 3.5
1. One and the same person may not be
simultaneously a deputy of the Houses of Representatives and a senator. The
deputy of Parliament and the senator may not be employed in State service or
engage in other paid activities, except for teaching and scientific and other
creative work.
.
2. Deputies of
the Houses of Representatives and senators shall enjoy immunity during the
whole term of their office. The
citizen elected by the deputy or the senator may not be detained, arrested or
searched, except in the event of detention at the scene of a crime. The issue
of the removal of immunity shall be resolved by an appropriate chamber of
Parliament upon submission of the Prosecutor General of
Article 3.6
1. The Parliament shall be a permanently functioning body. Nobody should interfere with elections, convocation and work of Parliament. The Parliament may not be dissolved someone.
2. The annual
session of the Parliament begins on 7-th of January and comes to an end not
later on 30-th of December year in which has begun. Breaks in work of chambers
of the Parliament during session are established by chambers independently.
3. The House of Representatives and the Senate
shall hold separate sessions. Sessions of chambers of the Parliament shall be
open. In the cases envisaged by the procedural regulations of a chamber, the
latter shall have the right to hold closed-door sessions. Chambers of the Parliament may hold joint
sessions to hear messages of the President of Scotland, messages of the Supreme
Court of Scotland and speeches of leaders of foreign states.
4. The House of
Representatives shall elect from among its members the Chairman of the House of
Representatives and and his (her) deputies who shall
may be re-elected.
5. The Senate
shall elect from among its members the Chairman of the Senate and and his (her) deputies who shall may be re-elected.
6. The House of
Representatives and the Senate shall adopt its procedural regulations and
resolve issues relating to the routine procedures for its activities, set up
committees and commissions including Budgetary
committee which order of activity according to the law.
Article 3.7
The Parliament:
1) shall adopt laws;
2) shall establish taxes;
3) shall establish judicial bodies;
4) shall establish regions;
5) shall make a decision on an opportunity of use of Armed
forces of
6) shall ratifie and denounce of
treaties with the foreign states;
7) shall announcement of amnesty.
Article 3.8
The Senate shall
confirms or refuses in the statement on a post of members of the cabinet, except
for the Prime minister, of diplomatic representatives of Scotland in the
foreign states and the international organizations, and also shall appoints
judges of the Supreme Court of Scotland and the General Prosecutor of Scotland
by the President of Scotland representation.
Article 3.9
1. The bill shall may proceed from group of deputies or from group of
senators, from the President of Scotland, and also from the Supreme Court of
Scotland in questions of judicial authority.
2. Originally the
bill shall be considered by the House of Representatives and if the bill
proceeds from group of senators by the Senate.
3. The bill has
voted more half from present members of chamber if in voting participated not
less than half from list structure of members of chamber shall be approved.
Deputies and senators absent at session shall lose a vote.
4. The bill
approved by Parliament shall be the law. An adopted law shall be submitted
within five days to the President of Scotland for signing and promulgation.
5. The President
of
6. If the
President of Scotland rejects a law within fifteen days of receiving it,
Parliament shall reconsider that law. If upon reconsideration the law is
approved in the previously adopted wording by a majority of not less than two
thirds of the total number of deputies of the Houses of Representatives and of
members of the Senate, it must be signed by the President of Scotland within
five days and promulgated.
7. The law shall
be effect from the moment of its publication. Not published law shall be
invalid.
Article 3.10
Force of the law
shall have international treaties ratified by the Parliament,
positions of other laws contradicting them shall cancel.
Article 3.11
Decisions
accepted by means of the national referendum shall have force of the law, positions of other laws contradicting them shall cancel.
Chapter 4. Executive power.
Article 4.1
Executive power
in
Article 4.2
The President of
Scotland shall direct the Government or shall appoint the Prime minister
The President of
Scotland shall appoints the Prime minister exclusively
the Decree.
Article 4.3
The President of
Scotland shall be elected by citizens of
Article 4.4
Any citizen of
Article 4.5
1. The President
of
2. Nobody may hold
the office of the President of Scotland for more than two terms.
3. The President
of
4. The President of
Article 4.6
The beginning of
a term of appointment of the President of Scotland is midday on 5-th of January
the year following after elections. On assuming office the President of
Scotland shall take the oath of loyalty to the people in the presence of
Chairman of the Supreme Court of Scotland.
Article 4.7
The President of
1) shall sign and promulgate laws;
2) shall issue decrees;
3) shall submit bills to the Parliament;
4) shall announce national referendums;
5) shall address the Parliament with annual messages on the
situation in the country;
6) shall submit bills of the national budget to the Parliament;
7) shall appoint and relieve of their post ministers, any other
persons in establishments of executive authority of
8) shall present to the Senate candidates for the post of
judges of the Supreme Court of Scotland and the Prosecutor General of
9) shall appoint and relieve of governors of regions;
10) shall introduce a state of emergency on the
11) shall be the Supreme Commander-in-Chief of the Armed Forces
of Scotland;
12) shall make a decision on use of parts of Armed forces of
13) shall appoint and dismiss supreme commanders of the Armed
Forces of Scotland;
14) shall confer general's and admiral's ranks;
15) shall confer honorary titles of
16) shall represent
17) shall hold negotiations and sign international treaties of
18) shall appoint and dismiss diplomatic representatives of
19) shall receive letters of credence and letters of recall of
diplomatic representatives accredited to
20) shall grant pardon;
21) shall create any advisory bodies which will consider
necessary for the best execution of the powers.
Article 4.8
1. The President
of Scotland may be impeached in case of if he(she)
will make a criminal offence. Charge in fulfilment of
a criminal offence is put forward by a majority of not less than two thirds of
the total number of deputies of the House of Representatives which in
three-monthly term should be considered by the Senate. If a majority of not
less than two thirds of the total number of members of Senate shall discharge
the President of Scotland of a post in 24 hours after acceptance of this
decision the post of the President of Scotland shall become vacant.
2. The President
of
3. The Prime
minister shall direct duties of the President of Scotland before expiry of the
term of his powers.
Article 4.9
The Government:
1) shall puts into practice laws;
2) shall develop bills;
3) shall develop a national budget.
Article 4.10
The National
Election Commission shall organize elections of the Parliament, the President
of Scotland, deputies of Councils of regions, other elections, and also
national and local referendums.
The National
Election Commission shall work according to laws.
Article 4.11
The Chairman of
the National Election Commission shall be not the member of the Government and
shall be appoint to the post by the Senate on representation of the President
of Scotland.
Chapter 5. Judicial authority.
Article 5.1
Justice in
Article 5.2
1. Judges of all
courts shall form the Magistracy of Scotland. The Supreme Court of Scotland
shall carry out the Magistracy of Scotland according to the law.
2. Judges of all
courts shall be independent and shall be subordinate only to the law.
3. Judges of all courts shall be irremovable, the powers of a judge may be terminated or
suspended only on the grounds and in accordance with the procedure established
by law.
4. Judges of all courts shall be inviolable, a judge cannot face criminal liability otherwise
than in accordance with the procedure established by law.
Article 5.3
The examination
of cases in all courts shall be open. Cases may be heard in closed sessions in
those instances where this is permitted by law. Judicial proceedings shall be
conducted on the basis of controversy and the equality of the parties
concerned.
Article 5.4
1. The Supreme
Court of
2. The Supreme
Court of
3. The Supreme
Court of
Article 5.5
The Supreme Court
of
1) shall provide interpretation of positions of the
Constitution upon request of the House of Representatives, the Senate, the
President of Scotland, two or more Councils of regions;
2) shall decide on cases on conformity to the Constitution:
- laws of
- legal acts of the Government,
- legal acts of regions,
- international treaties of
3) shall resolve disputes on authority:
- between the Parliament and the President of
- between the House of Representatives and the Senate,
- between State government bodies of
- between regions.
Article 5.6
Acts or certain provisions thereof, which are
recognized as unconstitutional, shall lose force; international treaties of
Article 5.7
1. The office of
the Prosecutor General shall control over observance of laws in all
2. The Prosecutor
General of
3. The Prosecutor
General shall appoint to the post of public prosecutors of regions and special
public prosecutors.
4. The powers, organisation and procedure for the activities of the office
of the Prosecutor General of
Chapter 6. Regions.
Article 6.1
1. Regions of
2. The internal
life of each region shall be regulated by the Charter of region which may not
contradict the Constitution of Scotland.
Article 6.2
1. The Council of
region shall be the representative authority in region. Members of Council of
region shall be elected for 4 years by the population of region. Elections
shall be on 5-th of November each leap-year.
2. The Governor
of region shall be executive authority in region. The Governor of region shall
be appointed by the President of Scotland with the consent of Council of
region. A term of appointment of the Governor of region shall be 4 years.
3. Justice in
regions shall be administered by court according to the law.
Article 6.3
The joint
competence of the State authorities of
1) external and internal security of
2) taxation;
3) social protection of citizens;
4) public health services and sports;
5) education and a science;
6) protection of monuments of history and culture;
7) libraries, museums, archives;
8) use of natural resources;
9) development of fuel and energy system;
10) preservation of the environment;
11) development of transport system;
12) struggle against accidents, acts of nature, epidemics and
their consequences.
Article 6.4
Regions may not:
1) adopt any legal acts
contradicting the Constitution and laws of
2) limit the
right of citizens to live and work in any place of
3) establish
customs borders, interfere free movement of the goods, services and financial
assets in
4) make a currency issue.
Article 6.5
1. Regions shall
consist of municipal
districts.
2. The internal
life of each municipal district shall be regulated by the Charter of municipal
district which may not contradict the Charter of region
Chapter 7. Revision of the Constitution.
Article 7.1
The bill
amendments to and revision of the provisions of the Constitution may be
submitted by the Houses of Representatives, the Senate, the President of
Scotland.
Article 7.2
The bill amendments
to and revision of the provisions of the Constitution should be by a majority
of not less than two thirds of the total number of deputies of the House of
Representatives, by a majority of not less than two thirds of the total number
of members of the Senate, then not later than 6 months the national referendum
should be lead. In case of if the bill during a national referendum receives 50
% + 1 voice accepted participations in voting citizens of
Article 7.3
Articles 1.1,
1.2, 1.3, 1.4, 1.5 of the Constitution may not be revised.
Article 7.4
Laws in force
both other statutory acts and the decrees conflicting the amendment to the
Constitution, will hold good before their reduction
conformity with the Constitution.
Chapter 8. Additional positions.
Article 8.1
Deputies of
Parliament of Scotland elites in ____ year shall keep the powers till January,
6-th, ____.
Article 8.2
The President of
Scotland executing powers till January, 5-th, ____
shall be elected by the Parliament of Scotland.
Article 8.3
The term of
appointment of deputies of the House of Representatives elected in ____ shall
be from January, 7-th, ____ till January, 6-th, ____.
Article 8.4
The Senate shall
be a functioning body:
a) from January, 7-th, ____ till January, 6-th, ____ at
election in its one senator from region;
b) from January, 7-th, ____ till January, 6-th, ____ at
election in its two senators from region.
©2007 Andrey Valyuzhenich e-mail:a-vech@yandex.ru